| Indiana Joins Occupational Licensing ConsortiumIndiana is one of 11 states to participate in the National Occupational Licensing Learning Consortium. A growing body of economic research shows that occupational licensing—government approval to work in a specific field—may not effectively increase consumer safety and instead serves as a significant barrier to employment for many Americans. The 11 consortium states will engage with experts in the areas of occupational regulation, workforce development and populations with challenges, and develop an action plan focused on reducing unnecessary barriers to the labor market. |
|
|
|
Federal Court Invalidates Local Drone Rules For the first time, a federal court invalidated portions of a local ordinance regulating Unmanned Aircraft Systems (UAS) or “drones.” On September 21, 2017, the U.S. District Court of the District of Massachusetts ruled that the Ordinance adopted by the City of Newton, Massachusetts, impermissibly conflicted with the Federal Aviation Administration’s regulations. The court’s decision should be closely parsed by local and state governments that have adopted, or are considering adopting, rules related to UAS. Importantly, the court held that the FAA “explicitly contemplate[d] state or local regulation of pilotless aircraft.” Accordingly, in the court’s view, local drone restrictions are presumptively enforceable, unless compliance with both local and federal regulations is impossible or if the local law “obstructs the objectives of federal regulation.” |
|
|
|
Sweetened Beverage Warning Violates 1st Amendment In a case decided September 19th, the 9th Circuit concluded that San Francisco’s required warning label on sweetened beverages likely violates the First Amendment rights of manufacturers, distributors, and advertisers and that a requested injunction against the requirement should be granted. In deciding this case the Court noted: “We conclude that the factual accuracy of the warning is, at a minimum, controversial as that term is used in the Zauderer framework. The warning provides the unqualified statement that “[d]rinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay,†S.F. Health Code § 4203(a), and therefore conveys the message that sugar-sweetened beverages contribute to these health conditions regardless of the quantity consumed or other lifestyle choices. This is contrary to statements by the FDA that added sugars are “generally recognized as safe,†21 C.F.R. § 184.1866, and “can be a part of a healthy dietary pattern when not consumed in excess amounts,†81 Fed. Reg. 33,742, 33,760 (May 27, 2016).†|
|
|
|
AIM Ideas Summit Approaching The 2017 AIM Ideas Summit is quickly approaching and the City of Evansville will serve as host. The event caters to Mayors, City Council Members, City Clerks, Clerk-Treasurers, Town Board Managers, Members, and Department Heads and offers a chance to hear about best practices, discuss solutions to common problems, or explore resources from third party contractors. For the first time, Governor Holcomb will be bringing his entire cabinet to the annual conference, giving municipal leaders direct contact with the agency heads. In addition, both Lt. Governor Suzanne Crouch and Governor will be addressing attendees and interact with attendees. To register or find more information on 2017 Summit, click here. EDITORS FOOTNOTE: Joshua ClaybournJ is Counsel in Jackson Kelly’s Evansville office. He advises clients in matters of business and corporate law, governmental services, and public finance. Learn more here. |
